Tunisia: Carthage Cement has submitted a statement to Tunisian police in which it alleges false testimony by FLSmidth’s lawyer who advised the Danish supplier in a criminal case which saw one employee sentenced to five years for illegal payments to Carthage Cement’s owners in 2017. Ritzau Finans newspaper has reported that FLSmidth’s management admitted to knowledge of the payments on 21 February 2020, something it had denied to authorities when under investigation prior to the trial, which concluded in November 2019.

Laos: An explosion at a quarry related to a cement plant near Phonemany village, Nam Bak district in Luang Prabang province has killed one person and injured over 20. The nearby village was affected by the blast causing damage to houses and vehicles, according to Radio Free Asia. A villager alleged that the Chinese-owned plant never warned locals of the blasting schedule and that the explosion was larger than usual. Khammany Inthirath, Minister of Energy and Mines, said that the government had sent a team to investigate what happened.

Philippines: The September 2019 customs duty of US$4.81/t on imported cement is in danger of disrupting a Philippine Competition Commission (PCC) probe. The Philippine Star has reported that the PCC is conducting an investigation into domestic cement producers’ alleged anticompetetiveness following an accusation by a Department of Trade and Industry (DTI) official in 2017 that a ‘cartel’ of producers was maintaining artificially high pricing and spreading of misinformation about the quality of imported products. PCC chair Arsenio Balisacan has noted the danger of ‘having an ongoing investigation and introducing a policy which can influence the outcome of that investigation.’

Napoleon Co, chairman of the Philippine Cement Importers Association (PCIA), has stated that cement traders will keep on importing unless the local cement sector produces more. He said that foreign producers’ Philippine sales were driven not by their lower prices but by the domestic industry’s inability to fulfill the country’s 28Mt/yr demand.

Nepal: The parliamentary Public Accounts Committee (PAC) has accused the Huaxin Cement Narayani plant being built at Benighat Rorang Rural Municipality in Dhading of ignoring the project’s Environment Impact Assessment (EIA) report. Members of the committee visited the site two months ago following complaints, according to the Republica newspaper.

It found that an 11km access road to the site had encroached upon a river. The company had used sand and stones from the river and used the materials to build the road. The road’s construction has also disrupted local agricultural irrigation canals. A flood at the site of the cement plant was reported in July 2019. An irregular deal to lease land to the joint venture was also reported.

Philippines: The Philippine Competition Commission says that its investigation on alleged violations of competitive practice by the cement industry will be kept separate from a review of the acquisition of Holcim Philippines by San Miguel Corporation. The commission made the statement in a reply to questions raised by consumer group Laban ng Konsyumer, according to the Manila Bulletin newspaper. However, the commission’s Mergers and Acquisitions Office said that, although both cases are being considered independently, this would not preclude them from considering the pre-merger activities of the companies.

India: Minister Piyush Goyal, the Commerce and Industry Minister, has confirmed that the Competition Commission of India looking into complaints of rising cement prices. He said that complaints on the had been received about the price of cement and allegations of cartel-like behaviour, according to the New Indian Express newspaper.

Romania: The Competition Council says it has found irregularities in the cement market. Following an investigation started in the autumn of 2018 it has revealed that the country’s three major producers – Holcim, CRH and HeidelbergCement – were operating with high profit margins and similar market share, according to Business News Europe. It noted that geographic distribution of customers around the three companies’ production facilities might support a hypothesis of market collusion. It also reported similar production capacity utilisation rates between the main producers despite different production capacities.

The Competition Council has not drawn any conclusions from the report. Previously, it said that if it does find any evidence of cartel-like behaviour it could apply a fine of up to 10% of company turnover.

Philippines: The Philippines Tariff Commission has started a formal investigation into the provisional safeguard tariff placed by the Department of Trade and Industry (DTI). Consumer group Laban Konsyumer asked the commission to place a temporary restraining order on the tax but the body said it lacked the power to do so, according to the Philippine Star newspaper. The commission has three months to reach its verdict. The DTI placed tariffs on cement imports in January 2019 to protect local producers.

Philippines: The Philippine Competition Commission (PCC) says it will consider a new tariff on imported cement as part of its investigation into alleged anti-competitive behaviour. In early January 2019 The Department of Trade and Industry (DTI) said it would impose a provisional safeguard duty of US$0.16/bag on imported cement, according to the Philippine Star newspaper. The PCC started its latest investigation into the cement industry in 2017. Previously it said it planned to complete the study in 2019.

South Africa: The Competition Tribunal has resumed hearings into allegations of cartel-like behaviour by Natal Portland Cement (NPC), Pretoria Portland Cement Company (PPC), Lafarge Industries South Africa (Lafarge) and AfriSam Consortium (AfriSam). It follows a referral by the Competition Commission following an investigation in 2015 that examined collusive conduct between the cement companies between 2008 and 2012. At the time PPC was granted conditional leniency and AfriSam and Lafarge settled with the Commission.

India: A probe by the Ministry of Corporate Affairs (MCA) has found ‘serious’ financial irregularities in the accounts of Burnpur Cement. The regional director of the MCA has recommended an investigation of the company, according to the Business Standard newspaper. The MCA has also recommended that the cement producer be barred from making interest payments without government permissions in the interest of its shareholders. The company was reported as a non-performing asset in 2016 and its repayment schedule to lenders has been monitored in the media. It made a loss of around US$15m in the financial year that ended in March 2018.

Philippines: Napoleon Co, the president of the Philippine Cement Importers Association (PCIA), says that the introduction of tariffs on cement imports may lead to higher prices. He said that if new tariffs were started some importers would cease operating, according to the Manila Standard newspaper. He then argued that local producers might raise their prices to match the higher cost of imported cement. Co made the comment in response to an on-going investigation into tariffs being run by the Department of Trade and Industry (DTI). Several importers allegedly stopped imported cement after the DTI launched the investigation in September 2018.

Philippines: Laban Konsyumer (LK), a consumer group, has asked the Department of Trade and Industry (DTI) to delay an investigation into whether tariffs should be imposed on imported cement. It says that any potential duties are bad for consumers as it will decrease imports and create shortages, according to the Manila Bulletin newspaper. Instead the LK argues that the DTI should allow the expansion of local production capacity to finish before investigating imports. The DTI started an investigation into cement imports in September 2018 amid reports of declining revenue from local producers.

Romania: The Competition Council has launched an investigation into an alleged anti-competitive agreement between Holcim, CRH and HeidelbergCement in early November 2018. It is concerned that there has been possible coordination of prices between the companies since 2010. As part of the probe, it conducted raids at the headquarters of the three companies and seized documentation. It has warned that fines of up to 10% of company turnover are applicable should it find any evidence of collusion. However, it also mentioned that companies that cooperated with the competition authority could expect leniency in the form of immunity to or reduced fines.

Pakistan: The Supreme Court has appointed a special committee to visit the DG Khan’s cement plant in Chakwal to investigate how it stores water. The committee will report back to the court about the capacity of the reservoirs built by the plant as well as whether they were filled by extracting water from the aquifer or from rainwater, according to the Dawn newspaper. The committee will also take samples of water from the reservoirs.

The court has been looking into how DG Khan and Bestway Cement set up cement plants in the Potohar region related to water issues at the nearby Katas Raj Temples. Previously, the court was told that the DG Khan Cement was only operating tube-wells for domestic use by its workers but a witness alleged that the plants were extracting water for industrial use from the water table.

Pakistan: The Supreme Court has restrained the Punjab Anti-Corruption Department from launching criminal proceedings against the heads of DG Khan and Bestway Cement. The decision was made following a review petition filed by DG Khan Cement, according to the Statesman newspaper. It follows an investigation initiated by the Supreme Court to look into the setting up of cement plants in the Potohar region. The probe alleges government and corporate corruption.

Ghana: The Cement Manufacturers Association of Ghana (CMAG) has appealed to the Ghana Standards Authority (GSA) to investigate the quality of Chinese cement imports. In a letter of the GSA George Dawson-Ahmoah cited two companies in Tema and Ejisu that allegedly sell cement products of ‘questionable’ quality, according to the Business and Financial Times newspaper. He also posited that samples of cement from these companies were ‘alarming’ and that this explained why their prices were ‘ridiculously’ low.

CMAG consists of Ghacem Limited, Diamond Cement group, CIMAF Ghana and CBI Ghana Limited. However, when asked by the local media why Chinese companies supplying Ghana were not part of the association, Dawson-Ahmoah said that they had been invited.

France/Syria: A judicial investigation has seized Euro4m from former Lafarge executives, including former chief executive officer (CEO) Bruno Lafont, as part of a probe into the company’s conduct in Syria. Sources quoted by the Agence France Presse said that Euro2.5m was confiscated from Lafont’s leaving package of Euro8.4m as Lafarge merged with Holcim to form LafargeHolcim. Funds were also taken from Bruno Pescheux and Frédéric Jolibois, the former directors of Lafarge Cement Syria, and from Christian Herrault, a dormer deputy general regional manager with overview of Syria.

Lafarge SA, a subsidiary of LafargeHolcim, has been placed under judicial investigation over its actions in Syria between 2011 and 2014. It has been accused of complicity in crimes against humanity and financing terrorism. A panel of three judges in Paris has ordered Lafarge to pay over Euro30m as a security deposit ahead of the trial. Eight former executives, including Lafont, have been charged in connection to the investigation.

Pakistan: A report issued by the Punjab Anti-Corruption Establishment Lahore (ACE) to the Supreme Court has found irregularities committed by government departments in connection to the setting up of cement plants by DG Khan and Bestway Cement in Chakwal. The investigation followed a probe by the Supreme Court into water usage by cement companies near the Katas Raj Temples, according to the Dawn newspaper. The allegations include a delay by the district government of Chakwal, industries, environment, mine and mineral departments into declaring so-called ‘negative’ areas that would have otherwise prevented the plants being built between 2003 and 2008. Other findings of the report include irregularities into how both companies acquired land and a disregard for environmental protocol.

Philippines: The Department of Trade and Industry has notified the World Trade Organisation (WTO) that it is starting a preliminary investigation to examine whether increased imports of cement is causing or threatening to cause serious injury to the local industry. The cement covered by the investigation is classified under AHTN Codes 2523.2990 and 2523.9000, according to the Manila Bulletin newspaper. The investigation will look at 2013 - 2017. The ministry has cited the Safeguards Measures Act as part of its probe.